T 0296/25 of 05.05.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T029625.20260505
- Date of decision
- 5 May 2026
- Case number
- T 0296/25
- Online on
- 18 June 2026
- Petition for review of
- -
- Application number
- 18709778.7
- IPC class
- B65D 85/10B65D 75/58
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- RIGID PACKAGE FOR SMOKING ARTICLES AND METHOD OF MANUFACTURING
- Applicant name
- G.D Società per Azioni
- Opponent name
- Focke & Co. (GmbH & Co. KG)
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83European Patent Convention Art 84European Patent Convention Art 123(2)European Patent Convention Art 111(1)Rules of procedure of the Boards of Appeal Art 11European Patent Convention Art 56
- Keywords
- Sufficiency of disclosure - undue burden (no)
Sufficiency of disclosure - main request (yes)
Claims - clarity
Claims - main request (yes)
Amendments - extension beyond the content of the application as filed (no)
Amendments - allowable (yes)
Remittal - special reasons for remittal (no)
Inventive step - main request (yes) - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:
Description, Pages:
2 and 7 of the patent specification;
3 to 6 received during oral proceedings
before the board of 5 May 2026 per
E-Mail at 2:39 pm;
Claims, No.:
1 to 10 according to the main request filed
with the patent proprietor's
statement setting out the grounds
of appeal of 22 April 2025;
Drawings, Figures:
1 to 21 of the patent specification.